DRAFT_Performance_Work_Statement_8-20-19.pdf

PERFORMANCE WORK STATEMENT (PWS)

LOGISTICS SUPPORT SERVICES

August 16, 2019

Contents

PART 1 GENERAL INFORMATION

PART 2 DEFINITIONS & ACRONYMS

PART 3 GOVERNMENT PROPERTY (GP) AND SERVICES

PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES

PART 5 SPECIFIC TASKS

5.1 Basic Services

5.2 General

5.3 Performance Requirements for Logistical Support

5.4 Performance Requirements for Distribution of Government Assets

5.5 Performance Requirements for Field Dining and Contracted Cook and Dining Facility Attendant Support

5.6 Performance Requirements for Contractor Provided Field Equipment

5.7 Performance Requirements for Contractor Provided Services

PART 6 APPLICABLE PUBLICATIONS

TECHNICAL EXHIBIT A PERFORMANCE REQUIREMENT SUMMARY (PRS)

TECHNICAL EXHIBIT B DELIVERABLES SCHEDULE

TECHNICAL EXHIBIT C ELIN LOGISTICS LIST – See attached worksheet

ATTACHMENT 1 ESTIMATED WORKLOAD DATA – See Technical Exhibit C ELIN Logistics List

ATTACHMENT 2 GOVERNMENT FURNISHED PROPERTY (GFP) ................................. Error! Bookmark not defined.

PART 1

GENERAL INFORMATION

1. General This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject to, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction This is a non-personal services contract to provide logistical support for the purpose of providing logistical support to military units, both U.S. and foreign forces, to include but not limited to, dining facility and distribution services, provide laundry and toilet trailers, tents and material handling equipment at various sites throughout USAG Bavaria to include Grafenwöhr

Training Area (GTA), Hohenfels Training Area (HTA), and Ansbach Training Area (ATA) for training and other operations.

1.2 Background USAG Bavaria is widely known for the United States Army military installations and training areas. During operations, military units, both U.S. and foreign forces, require contracted logistical support to perform critical tasks. Successful support is imperative to ensure each supported unit gains maximum training value during each exercise and operation.

1.3 Scope The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform logistical services for support and/or sustainment of installations, troops, units, any Governmental Agency, Multinational Partners and operation responding to both programmed and un-programmed requirements. The Contractor shall respond to changes in current operations and troop strength. The Contractor shall provide backfill support at existing operational locations to augment mission requirements or bridging until other execution avenues become available. Contractor shall be prepared to support requirements for new and/or existing operations and new and/or existing locations within USAG Bavaria. Subsequent, individual task orders shall provide further description of services The Contractor shall use sound business practices, which includes smarter, faster, cost effective, innovative methods and/or processes.

The Contractor must adapt to changing requirements and provide rapid planning and responsiveness to meet customer requirements. The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S., German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed.

1.4 Objectives The contractor shall perform the services described in this PWS to provide logistical support to units training at GTA, Hohenfels Training Area (HTA), and Ansbach Training Area (ATA).

These services include dining facility (DFAC) operations; transportation of equipment; transportation of ammunition; and other support services. The services also include, but not limited to, providing Material

Handling Equipment (MHE), portable showers, portable chemical toilets, portable laundry facilities, generators, and setup of tents, cots, tables, heaters, and lighting.

1.5 General Information

1.5.1 Quality Control Plan (QCP) The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

1.5.1.1 The Contractor’s shall submit proposed QCP to the Contracting Officer (KO) through the

Contracting Officer’s Representative (COR) for review within ten (10) days after date of contract award.

1.5.1.2 The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) days. If the Government has provided comments, the Contractor shall then have three (3) days to submit a Final QCP. After receipt of the Final

QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. The Contractor shall resubmit any proposed changes to the accepted QCP to the Contracting Officer no later than thirty

(30)days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

1.5.1.2.1 A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

1.5.1.2.2 How will the Contractor monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)?

1.5.1.2.3 How will the Contractor monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses?

1.5.1.2.4 How will the Contractor monitor and ensure staff qualifications remain current and valid including Department of Defense Contractor Personnel (DOCPER) processes/approvals throughout contract performance?

1.5.1.2.5 How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.7

Key Control)?

1.5.1.2.6 How will the Contractor inventory and track maintenance of all Government Provided

Equipment / Materials?

1.5.1.2.7 How will the Contractor identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future?

1.5.1.2.8 How will the Contractor file and save all Quality Control related documents for the life of the contract plus 5 years?

1.5.2 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within 30 days upon completion of each option period or Task Order.

1.5.3 The Contractor shall inform the COR of issues or potential issues that might affect the performance within four (4) hours of identifying those issues. Verbal reports shall be followed up by written reports within one (1) calendar day.

1.5.4 Quality Assurance The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.5 Recognized Holidays The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.5.1 U.S. Holidays Work shall be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a

Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January

Presidents Day 3rd Monday in February Memorial Day last Monday in May

Independence Day July 4th Labor Day 1st Monday in September

Columbus Day 2nd Monday in October Veteran’s Day November 11th

Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.5.2 Host Nation Holidays Work shall be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

German national and local holidays are:

New Year’s Day January 1st Epiphany January 6th

Good Friday Varies Easter Monday Varies

Labor Day May 1st Ascension Day Varies

Whit Monday Varies Corpus Christ Varies

Assumption Day August 15th Day of German Unity October 3rd

All Saints’ Day November 1st 1st Christmas December 25th

2nd Christmas December 26th

1.5.6 Operating Hours The Government facility office hours, facility-operating hours, and the

Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.6.1 Government Facility Office Hours The Government facility office hours are 0800 to 1700, Monday through Friday except U.S. Holidays identified above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.6.2 Government Facility Operating Hours The Government facility operating hours occur between the hours of 0800 to 1700, Monday through Friday. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.5.6.3 Contractor Support Hours The Contractor shall maintain an adequate workforce for the uninterrupted performance of all tasks within this PWS. A break in services because of a late shift change that is not, directly or indirectly, caused by the Government shall be at the expense of the

Contractor. Normal workdays are based on 8 hours a day (with an additional hour for meals/breaks), five

(5) days per week, Monday-Friday. Exercise and other operations work schedule is based on the Rough

Order of Magnitude (ROM) with an average of twenty-two (22) days straight, 24 hours a day, 7 days a week. Work schedules consist of both day and night shifts.

1.5.6.3.1 Contractor Schedule The scope of the work requires the contractor to use flexible employment and scheduling techniques to provide logistical support. The requirements are such that normal business hours are not applicable. During exercises, the training environment shall require 24-hour-a-day, 7-days-a-week contractor support services. Hours of work begin on the first day of the scheduled rotation.

The Contractor shall maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. For other than firm fixed price contracts, the Contractor shall not be reimbursed when the

Government facility is closed for the above reasons.

1.5.6.3.2 Contractor Work Plan The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.) The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within 14 days after date of contract award. The Government will review and either accept or return their comments to the Contractor within ten (10) days. The Contractor shall then have three (3) days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty

(30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

1.5.7 Training Holidays USAREUR has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas.

The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.8 Place of Performance The work to be performed under this contract will be performed at various sites throughout USAG Bavaria primarily in Grafenwöhr (GTA) and Hohenfels (HTA) training area.

1.6 Security Requirements The following information is provided on security related matters.

1.6.1 Security Program RESERVED

1.6.2 Personnel Security Clearance Requirements RESERVED

1.6.3 Installation Access Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in

Europe (AE) Regulation 190-16 (AE Regulation 190-16) Installation Access Control or (AE) Regulation

604-1 for Germany specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Regulation 190-16 or (AE) Regulation 604-1, the regulation takes precedent.

The Contractor shall be aware of and comply with the requirements associated with Installation Access

Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

AE Regulation 190-16 (and AE 190-16-G German translation) can be found on the following website:

https://www.aepubs.eur.army.mil/AE-Regulations/

1.6.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial

Installation Pass Log within three (3) days after contract award. The log must at a minimum contain the following information. The log shall be updated as employees are added or removed. The Updated

Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log.

1.6.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within three (3) days.

1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within three (3) days.

1.6.3.4 Common Access Cards (CAC) RESERVED

1.6.4 Background Checks RESERVED

1.6.5 Physical Security The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, https://www.aepubs.eur.army.mil/AE-Regulations/ equipment, and materials shall be secured in accordance with the Army Physical Security Program (AR

190-13).

1.6.6 Operations Security (OPSEC) Requirements Contractor personnel shall adhere to facility security policies and restrictions The Contractor shall develop an OPSEC-SOP Plan within 90 calendar days of contract award, to be reviewed by the responsible Government OPSEC officer. This plan shall include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The Contractor shall implement OPSEC measures as ordered by the commander. Per AR 530-1 Operations Security, the Contractor employees must complete Level I

OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. In addition, the Contractor shall have an identified certified Level II

OPSEC coordinator per AR 530-1.

1.7 Key Control The Contractor shall establish and implement a key control program in accordance with AR 190-51 and all other relevant regulations. The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan, and the Quality

Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the

Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks;

however, the Government, at its option, may replace the affected lock or locks or perform re-keying.

When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the

Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The

Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The

Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

1.8 Post Award Conference/Periodic Progress Meetings The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with

FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the

Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the

Government to provide effective communication and impart necessary information. The Contract

Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.8.2 The Contractor shall prepare and distribute agendas, charts, presentation handouts, meeting minutes, and action items. The Contractor shall forward all documents related to or resulting from the meetings to the COR for review and approval before distribution. The Government will respond within ten (10) calendar days from receipt. If changes are required, the contractor shall apply the changes and resubmit within five (5) calendar days. The contractor shall is responsible for providing pertinent program status and issues during these reviews, as well as reporting on previous action items.

1.9 Contracting Officer Representative (COR) Refer to Part 2 of this PWS for the definition of a

COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and

Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel All personnel performing management functions for logistics support shall read, write and speak English with a proficiency equivalent to the Interagency Language Roundtable (ILR)

Level 2. Personnel identified by the Government as not meeting this standard shall be replaced immediately.

The following positions are considered key personnel by the Government:

1.10.1 Program Manager/Alternate Program Manager The Contractor shall provide an on-site

Program Manager with the authority to obligate the company and be responsible for overall performance

(to include subcontractors) of the contract to meet the specified performance standards. The name of this person and an Alternate Program Manager, who shall act for the Contractor when the Program

Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer Representative (COR) no later than five (5) days after contract award. The Program Manager and Alternate Program Manager shall have full authority to act for the

Contractor on all contract matters relating to daily operation of this contract and be in attendance to any meeting/conference related to this contract.

1.10.1.1 Qualifications Provide documentation within 10 days of contract award supporting the following:

Within the past 8 years, 5 years’ experience; consisting of 3 years supervisory experience in managing logistic support contacts. Two years’ experience as a district manager, or assistant manager. Bachelor of

Science or Bachelor of Arts in management may be substituted for the two years of supervisory & management experience. Documentation of past performance ratings via written evaluations by managers or owners. Interagency Language Roundtable (ILR) Level 2 certificate. The Contractor shall provide the required evidence with the proposal.

1.10.2 Food Service Manager The Contractor shall provide an on-site manager with the authority to obligate the company and be responsible for overall performance (to include subcontractors) of the contract to meet the specified performance standards. Manager shall provide supervision of Field Dining

Facility sites as well as contracted cooks and dining facility attendants.

1.11 Identification of Contractor Employees All Contractor personnel attending meetings, answering

Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.11.1 Contractor workspace (staging site, on-site office, desk or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees. The proposed sign shall be submitted to the

Contracting Officer via the COR for review and acceptance ten (10) calendar days after contract award.

Workspace sign location shall be coordinated with the COR. Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4.

1.12 Contractor personnel shall be easily identifiable through the display of badges in accordance with

Contractor Identification (AE Reg. 27-715). The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name and functional area of assignment. Companies with U.S.

Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations.

1.13 Contractor Travel All travel performed under this contract shall be approved by the Contracting

Officer in advance of said travel and must be in accordance with (IAW) the Joint Travel Regulation

(JTR).

1.14 Other Direct Costs (ODCs) RESERVED

1.15 Data Rights The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting

Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.16 Non-Disclosure Requirements RESERVED.

1.17 Non-Disclosure Statements RESERVED

1.18 Organizational Conflict of Interest (OCI) Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such

OCI. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such

OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.19 Phase In /Phase Out Period RESERVED

1.20 Safety All contracted personnel shall comply with the Army Safety Program AR 385-10 and DA

PAM 385-10 and for Ammunition & Explosives (AE) Safety DA PAM 385-64. The contractor shall ensure that each employee is equipped with U.S. and German Safety equipment including but not limited to: protective clothing, eye protection and hearing protection in accordance with Occupational

Safety & Health Administration (OSHA) Code of Federal Regulations (CFR) Title 29 Part 1910

(OCCUPATIONAL SAFETY AND HEALTH STANDARDS). They must adhere to any additional

German standards imposed on the contractor that are in addition to the U.S. standards listed in the CFR.

1.20.1 Safety Plan and Program The contractor shall be subject to routine safety inspections from

USAREUR Safety, 7ATC Safety, Garrison Safety, QASAS, and the Fire Department. Inspection checklists are available upon request and are derived from DA PAM 385-10. The Contractor shall develop a Safety Plan in accordance with DA PAM 385-10 and submit via email to the COR within ten

(10) days after contract award.

1.20.2 Host Nation Safety Laws and Regulations The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

1.20.2.1 Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel. Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of

EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

1.20.2.2 Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph

01.a.09 of EM 385-1-1).

1.20.2.3 The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

1.20.2.4 The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within 15 calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than 15 calendar days prior to initiation of work on each major phase.

1.20.2.5 In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

1.20.2.5.1 Short sleeve shirt.

1.20.2.5.2 Long trousers.

1.20.2.5.3 Steel-toed safety boots.

1.20.2.5.4 Hard hat.

1.20.3 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. In particular, within the requirements of the German Safety and Health Protection Regulation for Construction Sites, Baustellenverordnung

(BaustellV) (current version in effect), the Contractor shall coordinate all work at the site, including development of plans and providing advance notices.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. The duties include:

1.20.3.1 Conditions of construction and operational activities to be considered include but are not limited to:

file:///C:/Users/1232177302.civ/Documents/REVIEWS%20-%20PWS%20SOW/WORKING%20ON%20NEW%20SOPs/www.usace.army.mil

1.20.3.1.1 For all construction activities meeting the following criteria: the work is scheduled to last longer than 30 working days and more than 20 workers are occupied simultaneously, or the volume of work is scheduled to exceed 500 person days, or the work presents particular tasks, e.g. excavations deeper than 5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater).

1.20.3.2 If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE shall be submitted two weeks prior to mobilization. In addition, the Contractor shall appoint a qualified

Safety Coordinator who will ensure that safety measures are implemented during construction. The

Safety Coordinator must meet minimum training and experience requirements required under Host

Nation laws.

1.20.3.3 The SIGE will be written in a comprehensive form and explained in language the workers understand and shall contain the following minimum information:

1.20.3.3.1 Maintenance of tools and equipment.

1.20.3.3.2 Provisions for the storage and disposal of materials and waste, particular hazardous materials and substances.

1.20.3.3.3 Modifying performance periods for such work, taking into consideration the site conditions.

1.20.3.3.4 Organizing cooperation between different employers and Contractors without employees.

1.20.3.3.5 Interaction between work at the site and other operational activities in the area, on which or near which the first identified work will be performed, and taking into consideration the instructions and advice of the coordinator as well as safety and health plans.

1.20.3.3.6 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than five

(5) days that such notifications were made.

1.21 Environmental Compliance

1.21.1 Environmental Compliance Plan and Program The contractor shall be responsible for the proper handling, storage, and preparation for disposal of all hazardous materials used in performance of this contract in accordance with the installation's hazardous material procedures. The Contractor shall ensure that all of its operations and activities conform to the USAG Bavaria's environmental policy requirements. The Contractor shall ensure that all contract personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. In addition, the Contractor shall ensure that all Contractor controlled activities on USAG Bavaria installations are conducted in accordance with the USAG Bavaria Spill Prevention and Response Plan, Solid Waste Policy, Final

Governing Standards-Germany, and applicable German environmental laws/standards.

Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated in accordance with Final Governing Standards Germany and applicable German environmental laws/standards (i.e. Waste Management and Product Recycling Act, Ordinance on Waste Recovery and Disposal). A copy of the HW disposal documents must be forwarded to the HW program manager at the DPW Environmental Division.

The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities.

The Contractor must immediately report any hazardous substance spills to the Garrison Fire Department at CIV 09641-83-112.

The Contractor shall contact the COR or the USAG Bavaria Directorate of Public Works-Environmental

Division (DPW-ED), DSN 475-7711, CIV 09641-83-7711, Bldg. 389, Tower Barracks Grafenwöhr for a copy of the Garrison Environmental Policy, Spill Prevention and Response Red Plan, Garrison Solid

Waste Policy and German Final Governing Standards.

1.22 Required Training

1.22.1 Personally Identifiable Information (PII) Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete

“Identifying and Safeguarding PII” within 30 calendar days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five (5) days after completion. Training is available at http://iatraining.disa.mil/eta/piiv2/launchPage.htm

1.22.2 OPSEC Training All Contractor employees, including subcontractors, shall complete Level I

OPSEC training within five (5) days of employment under this contract. Verification of the training shall be provided to the COR within five (5) days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within five (5) days after completion of the training.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within {Insert number of days} after completion of the training {Insert Deliverable #}.

1.22.3 iWATCH Training The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within five (5) days after the contract is awarded and within five (5) days after new employees commence contract http://iatraining.disa.mil/eta/piiv2/launchPage.htm http://www.cdse.edu/catalog/elearning/GS130.html performance, with the results reported to the COR within five (5) days after the contract is awarded and within five (5) days after new employees commence contract performance. Verification of the training shall be provided to the COR within five (5) days after completion of the training. Training slides can be found on the Army OneSource we site:

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

1.23 Authorization to Perform Services in Germany

1.23.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with

German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements.

Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.23.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries;

(b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

1.23.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.24 Notice to Proceed RESERVED

1.25 Electromagnetic Compatibility Directive RESERVED

1.26 Government Property and Services Refer to Part 3 of this PWS for Government property (GP) provided under this contract. For all issued government property for this contract, the Contractor shall submit a Property Management Plan to the Contracting Officer and the Property Administrator via the

COR within 10 days after date of contract award. The plan shall address the requirements as listed in individual task orders.

1.27 Conventional Forces Europe (CFE) Treaty Verification Inspection Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection.

Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access.

Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

PART 2

DEFINITIONS & ACRONYMS

2.1 Definitions Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Ammunition Residue - Items remaining after ammunition and missiles are used. Ammunition residue includes such items as steel, plastic, or brass cartridge cases; links; safety wires; nose plugs; launch tubes; pull rings and levers; fin protectors; safety clips; igniters; firing devices; grommets; cardboard and wooden boxes; cans; missile containers; missile components; banding strips; pallets; and other items used to package ammunition and missiles.

Clean - Free of visible signs of food, food residues, ingredients, grease, soap and foreign matter.

Contracting Officer – means a person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation

70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contractor-acquired property - means property acquired, fabricated, or otherwise provided by the

Contractor for performing a contract, and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Facilities - Government furnished buildings provided to the Contractor for use in performing tasks and services of this contract.

Government Furnished Property (GFP) - means property furnished to the contractor the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the

Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government Property - means all property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quali…